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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2021.01.07 2020노450
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the lower judgment, did not insult the said victim by citing the victim D at a large interest at the time and place as stated in the criminal facts No. 1 of the lower judgment, and did not transmit a text message stating the facts constituting a crime to H’s cell phone at the date and time and place indicated in paragraph 2 of the criminal facts as indicated in the lower judgment.

B. The punishment sentenced by the lower court against the Defendant (the amount of KRW 6 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, namely, victim D, made a concrete statement at an investigative agency as to the main part of the fact of damage and the present situation, and witnessed the instant case at the date and place specified in paragraph 1 of the crime of the lower judgment.

I, without any reason, intended the above victim by the defendant in an investigative agency, and there are several persons in the bus stop.

was stated.

On the other hand, when filing a complaint against the Defendant, the victim D presented a photograph of the screen on which the Defendant’s text message as stated in paragraph (2) of the criminal facts stated in the judgment below was sent to H’s cell phone, and H received the same text message from the Defendant at an investigative agency around March 2019 and delivered it to K, a village principal.

H. On March 28, 2019, K received the above text message from H on March 28, 2019.

In full view of the above statements made by victims and witnesses, etc., there is no unreasonable part in light of the empirical rule, the defendant can be found to have committed an act as stated in the facts charged in the judgment below. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant

It does not appear.

Therefore, the defendant's mistake is erroneous.

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